People often need to look at capacity when there is a question about whether someone truly understood a decision they made regarding their money or property, even if they were never diagnosed with dementia or another cognitive condition. This usually comes up in disputes over wills or trusts where someone […]
Category: Will Challenges
In will contests, medical records are often treated as the ace in the hole. Lawyers and clients alike dig through pages of diagnoses, medications, and progress notes expecting them to tell the whole story. While medical records can tell part of the story of a testator’s mindset when making the […]
One of the most common bases for challenging a will is to claim that the testator (the person who is making the will) lacked testamentary capacity. For a will to be valid and enforceable, the law requires that the person making the will be of sound mind – meaning that […]
Drafting and executing a will is an important step in the estate planning process. Do not assume, however, that the mere existence of the will settles any and all questions. Wills can be challenged and found to be invalid. If you are involved in an estate and the will seems […]